Mr. Doe, 68, went to a hospital complaining of severe back pain. When he was admitted, a hospitalist ordered an MRI. Doe began declining neurologically and then was treated for respiratory issues approximately two days into the hospitalization. The MRI order was discontinued.
It was not done until the fifth day of Doe’s hospitalization. The MRI results revealed multiple spinal abscesses in Doe’s thoracic and cervical spinal regions, necessitating a spinal decompression. Notwithstanding this treatment, Doe suffered from paraplegia. He has remained in this condition but is able to use a walker to transfer short distances.
Doe sued the hospital, alleging it chose not to perform a timely MRI and diagnose the spinal abscesses. He did not claim lost income.